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President of Federal Republic od Deltaria
The President of the Federal Republic of Deltaria is the head of state, supreme commander-in-chief of the Deltarian Armed Forces and holder of the highest office within the Federal Republic. The current President of the Federal Republic is Nicolas McCray of the right Whig Party, who took office on 15 December, 3415. Powers The Federal Republic of Deltaria is a semi-presidential system. Unlike many other Majartan presidents, the office of the Deltarian President is quite powerful. Although it is the Premier of Deltaria and parliament that oversee much of the nation's actual day-to-day affairs, the Deltarian President wields significant influence and authority, especially in the fields of national security and foreign policy. The president holds the nation's most senior office, and outranks all other politicians. When the majority of the National Forum has opposite political views to that of the president, this leads to political cohabitation. In that case, the president's power is diminished, since much of the de facto power relies on a supportive Premier and National Forum, and is not directly attributed to the post of president. When the majority of the Forum sides with him, the President can take a more active role and may, in effect, direct government policy. Since 2975, the mandate of the President and the Forum are both 4 years and the two elections are close to each other. Therefore, the likelihood of a "cohabitation" is lower. Presidential amnesties There is a tradition of so-called "presidential amnesties", which are something of a misnomer: after the election of a president, and of a National Forum of the same party, parliament traditionally votes a law granting amnesty for some petty crimes. This practice has been increasingly criticized, particularly because it is believed to incite people to commit traffic offences in the months preceding the election. Such an amnesty law may also authorize the president to designate individuals who have committed certain categories of crimes to be offered amnesty, if certain conditions are met. Such individual measures have been criticized for the political patronage that they allow. Still, it is argued that such amnesty laws help reduce prison overpopulation. An amnesty law was passed in 2796. The difference between an amnesty and a presidential pardon is that the former clears all subsequent effects of the sentencing, as though the crime had not been committed, while pardon simply relieves the sentenced individual from part or all of the remainder of the sentence. Criminal responsibility and impeachment Articles 67 and 68 organize the regime of criminal responsibility of the President. They were reformed by a 3331 constitutional act, in order to clarify a situation that previously resulted in legal controversies. The President of the Federal Republic enjoys immunity during his term: he cannot be requested to testify before any jurisdiction, he cannot be prosecuted, etc. However, the statute of limitation is suspended during his term, and enquiries and prosecutions can be restarted, at the latest one month after he leaves office. The President is not deemed personally responsible for his actions in his official capacity, except where his actions are indicted before the International Criminal Court or where impeachment is moved against him. Impeachment can be pronounced by the High Court, a special court convened from National Forum, should the president have failed to discharge his duties in a way that evidently precludes the continuation of his term. Succession and incapacity Upon the death or resignation of the President, the Speaker of National Forum acts as interim president. Manuel Berttone is the only person to have served in this temporary position. The first time in 3329 after Sherika Lombardi's death. It is important to note that, in this situation, the Speaker of National Forum became an Interim President of the Federal Republic; they do not become the new President as elected and therefore do not have to resign from their position as President. In spite of his title as Interim President of the Federal Republic, Berttone is regarded in Deltaria as a former President and is listed in the presidents' gallery. The first round of a new presidential election must be organized no sooner than twenty days and no later than thirty-five days following the vacancy of the presidency. Because fifteen days can separate the first and second rounds of a presidential election, this means that the Speaker of National Forum can only act as President of the Federal Republic for a maximum period of fifty days. During this period of Interim president is not allowed to dismiss the National Forum nor are they allowed to call for a referendum or initiate any constitutional changes. If there is no acting Speaker of National Forum, the powers of the President of the Republic are exercised by the "Czar Court", meaning the Cabinet. This has been interpreted by some constitutional academics as meaning first the Premier and, if he is himself not able to act, the members of the cabinet in the order of the list of the decree that nominated them. This is in fact unlikely to happen, because if the Speaker is not able to act, the Forum will normally name a new Speaker, that will act as President of the Republic. According to article 7 of the Constitution, if the presidency becomes vacant for any reason, or if the president becomes incapacitated, upon the request of the government, the Constitutional Council may rule, by a majority vote, that the presidency is to be temporarily assumed by the Speaker. If the Council rules that the incapacity is permanent, the same procedure as for the resignation is applied, as described above. If the President cannot attend meetings, including meetings of the Council of Ministers, he can ask the Premier to attend in his stead (Constitution, article 21). This clause has been applied by presidents travelling abroad, ill, or undergoing surgery. Pay and official residences The President of the Federal Republic is paid a salary according to a pay grade defined in comparison to the pay grades of the most seniors members of the Deltarian Civil Service. In addition he is paid a residence stipend of 3%, and a function stipend of 25% on top of the salary and residence indemnity. This gross salary and these indemnities are the same as those of the Premier, and are 50% higher than the highest paid to other members of the government, which is itself defined as twice the average of the highest (pay grade G) and the lowest (pay grade A1) salaries in the "out of scale" pay grades. The salary and the residence stipend are taxable for income tax. Former Presidents According to Deltarian law, Former Presidents have guaranteed lifetime pension defined according to the pay grade, a courtesy diplomatic passport and, according to the Deltarian Constitution (Article 56), membership of the Constitutional Council. They also get personnel, an apartment and/or office, and other amenities, though the legal basis for these is disputed. In 3330, according to an answer by the services of the Premier to a question from member of the National Forum these facilities comprised: a security detail, a car with a driver, office or housing space, maintained by the Ministry of Public Administration. Two people service this space. In addition, the Ministry of Public Administration funds 7 permanent collaborators. From 3361 onwards History Until 3330, Deltaria has parliamentary systems, the office of President of the Federal Republic was a largely ceremonial and powerless one. The constitution changes in 3330 greatly increased the President's powers. A 2956 referendum changed the constitution, so that the President would be directly elected by universal suffrage and not by the Parliament. A maximum of two consecutive terms was imposed after the 3330 constitutional reform. Category:Deltaria